An attorney for the Bimini Blue Coalition (BBC) said Friday that Resorts World Bimini (RWB) should struggle to persuade the Bahamian courts that it should be allowed to "rely" on the new permit which it provided to the Privy Council as the correct and appropriately obtained evidence of its ability to dredge.
In the wake of a decision by the Privy Council in London to grant an injunction halting the dredging off Bimini, Fred Smith, Queen's Counsel (Q.C.), said that the developers will now be in the position of trying to persuade a Bahamian court that the permit they showed in court for the first time on Friday morning, before the Privy Council in London, was issued properly and provides the legal basis for them to move ahead.
RWB had previously argued in a lower court that the permit, which was granted a week after the dredging started, was unnecessary, as the process is governed by another law.
In an interview with Guardian Business on Friday, following the Privy Council's decision to grant the injunction until such time as RWB and the government can prove that their approvals were properly obtained, Smith said: "Now it is going to be very difficult for either of them to go back to the Court of Appeal with a straight face and say that they did not mislead the Court of Appeal when they said they didn't need a permit under the Conservation and Protection of the Physical Landscape of The Bahamas Act (CPPLB Act), when as counsel for the Bimini Blue Coalition I was on my feet arguing at the Privy Council they sought to get around such a challenge by producing such (a permit obtained under the CPPLB act).
"They convinced the Court of Appeal 2-1 that the (CPPLB) act had no application to marine variance, and yet in the Privy Council they completely reversed their position and sought to avoid the injunction by producing the permit.
He added: "They cannot be allowed to say one thing to one court and another thing to another court. It is completely unprincipled on their part, and quite frankly I am shocked that they would pull such a ruse at the hearing."
After two short hearings on Thursday and Friday last week, three days after the Court of Appeal in Nassau rejected the BBC's application for an injunction of the Bimini dredging, judges at the Privy Council approved the injunction.
In a statement, Resorts World Bimini said it would "temporarily" halt the dredging activity, which is part of its North Bimini Ferry Terminal project, set to make way for the docking of the company's cruise ship bringing passengers from Miami to Bimini for the day.
However, a spokesperson, Heather Krasnow, said the company is of the view that it has all that is necessary to be able to lift the injunction "expeditiously". A hearing on lifting the injunction is anticipated to take place in court today.
In an interview on Friday, Larry Glinton, President of the Bahamas National Trust, welcomed the injunction ruling.
"What it does is it provides a pause to the madness that's been going on this week, and it really is madness. It causes everybody to stop and assess the situation properly and thoroughly," said Glinton.
Eric Carey, Executive Director of the BNT, said that it appeared that Resorts World Bimini's "rush" to complete the project had seen environmental management efforts suffer.
"They're so rushed to go ahead that obviously they didn't put in place proper environmental protocols, and so in their rush to get things started, siltation started pouring out," he said.
Neal Watson, president of the Bahamas Diving Association and operator of the Bimini Scuba Center at the Bimini Sands Resort on the island, said he was "over-the-moon thrilled" by the decision.
"When I heard the news, I just absolutely couldn't believe it. It's just wonderful, wonderful news for Bimini and for the environment."
Watson said that it appears that with the ferry project and its potential to damage the world famous reefs for which Bimini is known, the island may trade high-value diving visitors, who spend "anywhere between $1,500 and $2,500 a week" to dive in Bimini, spread among a variety of businesses - hotels, dive centers, restaurants and more - for "$69 day trippers, who will come and buy a couple of beers and a conch salad."
The dive expert said he has already seen the downside of the dredging on the marine environment since it began a week and a half ago.
"I'm not a marine engineer. I'm not a marine biologist. I'm a diver that's been diving in Bimini for 40 years, and I know when I take a group of 15 or 20 to dive in these spectacular pristine waters that Bimini is known for and I take them to one of my favorite spots and I can't see the bottom there is a problem. This is already what is happening."
Smith called the injunction decision a "watershed moment for The Bahamas. It is a signal to the government that you must respect the local people."
"The Bimini Blue Coalition is ecstatic that the rule of law has prevailed."
Smith reiterated that the Bimini Blue Coalition is not against development.
"It is simply about demanding a place at the table to discuss development and the future of Bimini's community."
Last week, amidst heightened concern over plumes of siltation spreading from the dredging site toward Bimini's reefs, it was confirmed that Earl Deveaux is the environmental compliance manager for Resorts World Bimini and the ferry terminal project.
Contacted on Friday for a response to concerns raised about possible "breaches" of environmental best practices at the site by the Bahamas National Trust and the Bimini Blue Coalition, among others, Deveaux said "no comment."
Attorney for Resorts World Bimini in The Bahamas, John Wilson of McKinney Bancroft and Hughes, also declined to comment at this time when contacted by Guardian Business about the injunction decision on Friday.

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